Jury considers case of Ninilchik woman whose jail suicide attempt left her permanently disabled

After a monthlong civil trial, the question of whether the Alaska Department of Corrections did enough to stop a young woman’s jail suicide attempt that left her disabled is now with an Anchorage jury.

Attorneys for Gabby Chipps, the plaintiff, have asked for $35 million in damages from the State of Alaska.

Chipps, of Ninilchik, was 20 when she was arrested in January 2020 after a physical altercation with her sister. She had never been in jail before.

Chipps was held at Wildwood Correctional Center in Kenai for several weeks on assault charges before she attempted to take her own life by hanging in an isolation cell. She survived, but suffered a brain injury that left her severely disabled and in need of intensive, round-the-clock medical care for the rest of her life, according to the lawsuit.

“This is an important case,” Eric Fong, an attorney for the plaintiff, said in his closing statement on Wednesday. “We are bringing things to the surface that are happening right now. The outcome of this case determines the future of Alaska. Are they accountable? And is this how we’re going to allow the government to treat people who are in their custody?”

Her family filed a lawsuit against the Alaska Department of Corrections, arguing that prison officials were negligent in their care of Chipps.

Her attorneys argued that during her time at Wildwood Correctional Center, officials failed to heed signs of deteriorating mental health that were exacerbated by Chipps being placed in a solitary confinement cell by herself as punishment for lashing out at guards. Her final meeting with a psychiatrist lasted for three minutes and 40 seconds, her attorneys said. When she was found unconscious in her cell, it took minutes before 911 was called, the attorneys argued, critical time that contributed to her profound brain injury.

Attorneys for the Department of Corrections argued that they followed policy and treated Chipps as they would any other inmate exhibiting signs of mental illness.

Suicides are not always predictable, said William Earnhart, an attorney for the Anchorage law firm Birch Horton Bittner & Cherot representing the department.

The department is “very serious about suicide,” he said, and has the policies and training to show it. “They’d love to have zero suicides.”

The department, he argued, did the best it could with the information it had at the time.

“This case is about hindsight,” he said. “There’s a whole lot of hindsight going on the plaintiff’s side.”

Chipps’ family could have gotten her out of jail at any point by providing a third-party custodian, Earnhart said, but didn’t — and didn’t inquire with the prison as to her condition during the weeks she was imprisoned.

The trial opened a window into what is usually an opaque world of health care inside of Alaska’s jails and prisons. It included testimony on how medical and mental health decisions are made for incarcerated people, as well as a close look at internal investigations after suicide attempts or other serious events.

The Department of Corrections has repeatedly found itself under fire for inmate suicides, including in 2022 when a record 18 people died in state custody, at least seven by suicide.

So far this year, 12 people have died in Alaska prisons, according to department data. Two are classified as potential suicides, the ACLU of Alaska said.

The jury was deliberating as of Wednesday night.

If you or someone you know is dealing with a mental crisis or suicidal thoughts, you can call the Alaska Careline at 1-877-266-HELP or the national 988 Suicide and Crisis Lifeline. Anyone who needs help for themselves, for someone else, or who has questions can call, text, or chat 988 anytime. For more information on the Alaska Suicide Prevention Council and suicide in Alaska, visit dhss.alaska.gov/suicideprevention.